NATHU Vs. CHUMA

JUDGEMENT

(1.) THIS is a reference by the Civil Judge Pratapgarh under sec. 243 of the Rajasthan Tenancy Act, 1955 (No. III of 1953), and arises under the following circumstances.

(2.) THE proceeding out of which the present reference emerges was an application for redemption of mortgage of certain agricultural land by the mortgagor Nathu, and was presented in the court of the Sub Divisional Officer, Ghittorsgarh apparently under serial No. 5, Group B, First Schedule of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act (No. I) of 1951. THE mortgage was usufructuary, and was made in Svt. year 1992 (equal to 1935 A. D. ). THE application for redemption was filed in the court of the Sub-Divis'onal Officer on the 24th June, 1955 THE Rajasthan Tenancy Act (No. III) of 1955 came into force on the 15th October, 1955. THEn came the Rajasthan Tenancy First Amendment Act (No. XXVII) of 1956. This came into force on the 22nd September, 1956 After this Amendment Act came into force, the Sub Divisional Officer seems to have thought that the proceeding filed by the mortgagor Nathu for redemption of mortgage was not a matter which was exclusively within the purview of the revenue courts and so he transferred the same to the Civil Judge Chittorgarh. THE Civil Judge in his turn formed the opinion that the mortgager's suit or application (for the nomenclature does not matter) in the present case was exclusively triable by a revenue court in accordance with the provisions of the Rajasthan Tenancy Act, 1955, and consequently he has made the present reference.